Ugandan Court Refuses to Repeal Anti-LGBTQ+ Legislation

Uganda’s Constitutional Court has dismissed an appeal to invalidate a law that criminalizes LGBTQ individuals, including imposing the death penalty for ‘aggravated homosexuality.’ Critics have described the law as one of the harshest globally, as it also punishes same-sex relations with life imprisonment and promoting homosexual activities with up to 20 years in prison.

Despite international criticism of the Anti-Homosexuality Act, which was enacted in May, the court’s ruling on Wednesday upheld the legislation. This move led to the US imposing visa restrictions on the law’s supporters and the World Bank suspending new funding for Uganda.

The law not only targets same-sex acts involving minors, disabled individuals, or the elderly but also criminalizes gay sex that may transmit diseases like HIV/AIDS. A group of 14 petitioners, including lawmaker Fox Odoi-Oywelowo and LGBTQ activist Frank Mugisha, argued that the law violated their constitutional rights and urged the judges to overturn it.

In his decision, Justice Richard Buteera, Uganda’s deputy chief justice, stated that the court would not invalidate the Anti-Homosexuality Act 2023 entirely or issue a permanent injunction against its enforcement.

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While certain sections of the law were voided for being inconsistent with the right to health, privacy, and freedom of religion, the court emphasized that members of the LGBTQ community should not face discrimination when accessing medical services. Additionally, provisions requiring citizens to report suspected homosexual behavior were deemed to violate individual rights.

The International AIDS Society expressed its deep concern regarding the ruling in a statement released on Wednesday.

They highlighted the significant decrease in the number of clients visiting drop-in centers in Uganda, which offer crucial HIV prevention and treatment services to various individuals, including men who have sex with men.

The average weekly visits have plummeted from 40 to just two as a result of this law. Edward Ssemambo, a human rights lawyer representing the petitioners, stated that the government will now be required to eliminate the sections of the law that the judges deemed inappropriate.

Andrew Mwenda, another complainant, announced plans to file an appeal with the Supreme Court. However, the intention is not to challenge specific components of the law, but rather to seek its complete overturning.